Dhirubhai Naranbhai Patel, J. - (1.) W .P.(PIL) No. 3965 of 2014: This Public Interest Litigation has been preferred with the following prayers: (a) For the direction upon the respondent No. 11 to submit the report before this Hon'ble Court, which she had prepared about the theft of coal and the police officers, involved in the same and also direction upon the respondent No. 6 as to what actions have been taken against the police officers, who are involved in illegal coal trade. (b) For the direction upon the respondent Nos. 7 to 10 to explain before this Hon'ble Court as to steps taken by them in Criminal Cases lodged in different police stations of the Ramgarh district and the complicity of the other persons involved in illegal trade of coal by flouting norms/rules/regulations in this regard. (c) For the direction upon the respondents to protect the life and liberty of the petitioner as his life is in danger due to respect raising of voice against coal traders. (d) For, issuance of any other appropriate relief or relief(s) as your Lordships may deem fit & proper in the facts & circumstances of this case for doing conscionable justice to the petitioner. Learned counsel for the petitioner submitted that this petition has been preferred mainly with an object to stop the theft of coal, illegal coal trading and to take action against the erring officers and the accused persons, against whom the charge -sheets have been filed. Learned counsel for the petitioner has taken this Court to the Annexures of this writ petition as well as the Annexures, annexed with the counter affidavits, filed by respondent Nos. 8 and 9 and has submitted that the State has even given how the money is being taken per truck or per metric tonne of coal and how it is being distributed in between various types or classes of persons and, therefore, it is now high -time for the State to take actions against the accused or officers.
(2.) LEARNED Advocate General appearing on behalf of the State submitted that necessary preliminary investigations have already been carried out and on the basis of preliminary investigations, several guidance have been issued by the superior police officers to the subordinate officer in a vertical hierarchy. Necessary First Information Reports have also been instituted, which are more than five hundred in number. Against several persons, investigation have also been completed, charge -sheets have been filed and the State is taking all possible actions, on administrative side as well as criminal side. These facts have been stated in the counter affidavits, filed by respondent No. 8 as well as respondent No. 9 in this petition. Nonetheless, if any further guidance is to be given, the same will also be given to the police officers and all care will be taken by the Investigating Officers to bring the evidences in court, whenever the trial will commence. If there is any need to institute further First Information Report, the same will also be instituted. Thus, the State is taking all proper actions for stoppage of theft of coal or for stoppage of illegal trading of coal and all possible steps have been taken against the officers of the State also. It is further submitted that as the State is taking proper actions, there is no need of this Court to monitor the criminal actions, which have been initiated by the State and has resulted into filing of charge -sheets, because the trial courts are already in command of the matters, on criminal side. The trial courts can try the accused also and can also inquire into the matters, after the investigation is over and, therefore, this writ petition in the nature of Public Interest Litigation may be brought to an end. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this writ petition, mainly for the following facts and reasons: (i) Looking to the aforesaid prayers in this petition and the allegations levelled in the memo of petition and also looking to the counter affidavits, filed by respondent Nos. 8 and 9, it appears that Preliminary Inquiry No. 10 of 2014 was conducted, by registering a vigilance case. Thus, the State has started taking actions; (ii) It further appears that a team of the following officers has also been constituted (a) Mr. Barnabash Tirkey -Dy. Superintendent of Police; (b) Mr. Ram Iqbal Yadav -Inspector of Police; (c) Mr. Raj Narayan Singh -Inspector of Police; (d) Mr. Jetender Dubey -Inspector of Police; (e) Mr. Rehman, Sub -Inspector of Police; (f) Mr. Krishna Paswan, Sub -Inspector of Police; (g) Mr. Umesh Kumar Singh, Asstt. Sub -Inspector of Police; (h) Mr. Diresh Kumar Singh, Police Constable; & (I) Mr. Naresh Yadav, Police Constable to verify the coal stock of different private factories. (iii) Thus, a team of various police officers has also been constituted by the respondent -State of Jharkhand. Search/raids have also been carried out by this team on 19th June, 2014 at the premises, which are referred to in the memo of writ petition. Huge quantity of illegal coal has also been detected and seized and thereby Mandu P.S. Case No. 226 of 2014 under various Sections of Indian Penal Code, other Acts as well as under the Indian Forest Act has also been registered. (iv) It further appears that a list of eighteen cases has also been provided by the office of Inspector General of Police, Bokaro, which have been instituted in between 17th December, 2007 to 20th April, 2013 at different police stations in the State of Jharkhand. Thus, the State is taking actions from 2007 onwards and several cases have also been lodged against the accused persons. (v) There are several correspondences between the Inspector General of Police, Bokaro, Deputy Inspector General of Police, Hazaribagh and Superintendent of Police, Bokaro as well as Superintendent of Police, Hazaribagh for providing detailed information about the coal theft syndicate and the names of the police personnel, who have good relations with the coal mafias. (vi) It further appears that whenever it is necessary, even the trucks in which the coal is loaded, have also been seized. Few such instances have also been given in the memo of writ petition. (vii) One more case being Tali Jharia P.S. Case No. 5 of 2013 has also been registered with Tali Jharia Police Station, in which there are twenty accused persons. In the said case, charge -sheet has also been filed. (viii) It further appears that about 2000 tonnes of coal has been seized by the Deputy Superintendent of Police, namely, Mr. Barnabash Tirkey and First Information Report has also been instituted against the accused persons. (ix) Moreover, it appears that the Inspector General (Organized Crime), C.I.D., Jharkhand has issued detailed directions to all the Superintendents of Police within the State of Jharkhand, including Superintendents of Police (Rail) for prevention of illegal extraction of coal and illegal trade of coal and transportation thereof vide Memo No. 166 dated 9th May, 2014. (x) Looking to Annexure A to the counter affidavit, filed by respondent No. 8, it appears that detailed guidelines/directions have been issued for prevention of illegal mining/extraction/trade and transportation of coal. These guidelines are contained in letter dated 9th May, 2014, which are sufficient and now to be followed and observed scrupulously. Thus, no need arises of any further direction to be given to the police officers. Enough is enough and now it is high -time for the officers of the State of Jharkhand to execute such types of instructions and guidance. (xi) It further appears that vide Memo No. 285 dated 11th July, 2014, which is Annexure D to the counter affidavit, filed by respondent No. 8, several guidelines have been issued by the Additional Director General of Police, C.I.D., State of Jharkhand. Looking to this Annexure D, it appears that in detail the guidelines have been issued by the high ranking administrative officer to the subordinate police officers. (xii) It further appears that the State of Jharkhand has by now filed 535 First Information Reports, out of which, as submitted by the learned Advocate General of the State, in 199 cases charge -sheets have been filed by the month of July, 2014 and by now it may be many more. (xiii) Moreover, it is submitted that enough and adequate actions have been taken by the State of Jharkhand, no sooner did the fact of theft of coal, illegal extraction of coal or the fact of illegal trade or transportation of coal has been brought to the notice of the State. It is impossible for the State to prevent several types of crime. The Court has to see in the Public Interest Litigation whether the State is vigilant and taking steps for prevention of the offence or not. (xix) Looking to the affidavits, filed by respondent Nos. 8 and 9, as stated herein above, it appears that State is taking actions on civil sides as well as on criminal sides. Actions have been taken against several police officer and approximately in 200 cases charge -sheets have been filed. 535 are the First Information Reports, as stated herein above. Several instructions have been given by the high ranking officers to the subordinate police officers in a vertical hierarchy. (xx) Moreover, the cases in which charge -sheets have been filed, the trial court are in complete command of the matters and if need arises, the court can pass order for further investigation or if the facts of the case so warrant, the court conducting the criminal trial, has got ample power, jurisdiction and authority to start inquiry. Even the court has all power to add the accused and, therefore, we see no further reason to monitor these type of cases. We, however, direct the State of Jharkhand to complete the pending investigations and wherever charge -sheets have been filed, it is the prime duty of the State, especially all those Investigating Officers to bring the evidences to the court, as and when the trial is commenced and it is assured by the learned Advocate General of the State they shall bring all the evidences before the trial court whenever the trials are commenced. Several vehicles have also been seized and a huge quantity of coal has also been seized.
(3.) THUS , it appears that the State is taking proper actions and is not sitting as a silent spectator. We, therefore, think that at this stage, we should not give any further direction to the State, over and above what is stated hereinabove. Hence, this writ petition is hereby disposed of with the aforesaid observations. I.A. No. 5964 of 2014: Learned counsel for the petitioner is not pressing this interlocutory application, at this stage. Hence, this interlocutory application is dismissed, as not pressed, at this stage.;